Opinion
570324/05, 05-224.
Decided November 16, 2005.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Arthur F. Engoron, J.), entered on or about May 7, 2004, in favor of defendant dismissing the action.
Judgment (Arthur F. Engoron, J.) entered on or about May 7, 2004, affirmed, without costs.
PRESENT: McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ.
The post-trial dismissal of this small claims action achieved substantial justice consistent with the rules and principles of substantive law (CCA 1804, 1807), plaintiff having failed to demonstrate that the termination of his electrical service resulted from defendant Con Edison's "gross negligence or willful misconduct" as required by its filed tariff ( see Lockwood v. Niagara Mohawk Power Corp., 112 AD2d 495 ; MMCM Corp. v. Con Edison, 186 Misc 2d 437).
This constitutes the decision and order of the court.